Shooting With Gun Instead Of Taser.

Police officer shot and killed an arrestee believing a Glock semiautomatic pistol was a stun gun.  The deceased’s family filed suit under 42 U.S.C. §1983 and the trial court granted summary judgment.  Both weapons were black, of similar size and weight and placed closely on the holster.  Once before the fatal shooting, the officer mistakenly put the taser in the gun holster and another time pulled out the Glock instead of the taser.  The officer practiced proper procedure for many months.  The district court found the officer’s mistake was reasonable as a matter of law and entitled to qualified immunity.  Recognizing that a jury might ultimately conclude the officer’s mistake was reasonable, the Ninth Circuit decided there were material issues of fact and reversed.  Torres v. City of Madera (Ninth Cir.; August 22, 2011.) 648 F.3d 1119.